SHRADER v. KANSAS DEPT. OF REVENUE

No. 103,176.

247 P.3d 681 (2011)

Stanley L. SHRADER, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

January 21, 2011.


Attorney(s) appearing for the Case

Daniel C. Walter , of Ryan, Walter & McClymont, Chtd., of Norton, for appellant.

James G. Keller , of Legal Services Bureau, of Kansas Department of Revenue, for appellee.

Before McANANY, P.J., MARQUARDT and CAPLINGER, JJ.


CAPLINGER, J.

Stanley L. Shrader appeals the district court's decision affirming the Kansas Department of Revenue's (KDOR's) suspension of his driving privileges following his refusal to submit to an alcohol breath test. Shrader claims the district court erred in affirming the suspension because the arresting officer failed to satisfy the conditions of K.S.A. 8-1001(b) before requesting a breath test. We agree and reverse the district court's order and reinstate Shrader...

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